1 chapter 7 6
TRANSCRIPT
Title 33.2 Chapter 6 11/5/2012 11:07 AM Page 1 of 35
CHAPTER 7 6. 1
OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS. 2
Article 1. 3
General Policies and Regulations. 4
§ 33.1-351 33.2-600. Policy; definitions. 5
A. In order to promote the safety, convenience, and enjoyment of travel on and 6
protection of the public investment in highways within this the Commonwealth, to attract 7
tourists and promote the prosperity, economic well-being, and general welfare of the 8
Commonwealth, and to preserve and enhance the natural scenic beauty or aesthetic features of 9
the highways and adjacent areas, the General Assembly declares it to be the policy of the 10
Commonwealth that the erection and maintenance of outdoor advertising in areas adjacent to the 11
rights-of-way of the highways within the Commonwealth shall be regulated in accordance with 12
the terms of this article and regulations promulgated by the Commonwealth Transportation 13
Board pursuant thereto. 14
The following terms, wherever used or referred to in this article, shall have the following 15
meanings unless a different meaning clearly appears from the context B. As used in this article, 16
unless the context requires a different meaning: 17
"Advertisement" means any writing, printing, picture, painting, display, emblem, 18
drawing, sign, or similar device which that is posted or displayed outdoors on real property and 19
is intended to invite or to draw the attention or to solicit the patronage or support of the public to 20
any goods, merchandise, real or personal property, business, services, entertainment, or 21
amusement manufactured, produced, bought, sold, conducted, furnished, or dealt in by any 22
person; the term shall also include. "Advertisement" includes any part of an advertisement 23
recognizable as such. 24
"Advertising structure" means any rigid or semirigid material, with or without any 25
advertisement displayed thereon, situated upon or attached to real property outdoors, primarily 26
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or principally for the purpose of furnishing a background or base or support upon which an 27
advertisement may be posted or displayed. 28
"Area of an advertising structure" means the area determined from its outside 29
measurements, excluding as a part thereof the height and overall width of supports and 30
supporting structure and any other portion or portions thereof beneath the normal area upon 31
which an advertisement is posted or intended to be posted. 32
"Billboard sign" means any sign, advertisement, or advertising structure as defined in 33
this section owned by a person, firm, or corporation in the business of outdoor advertising. 34
"Business of outdoor advertising" means the erection, use, or maintenance of advertising 35
structures or the posting or display of outdoor advertisements by any person who receives profit 36
gained from rentals or any other compensation from any other person for the use or maintenance 37
of such advertising structures or the posting or display of such advertisements, except 38
reasonable compensation for materials and labor used or furnished in the actual erection of 39
advertising structures or the actual posting of advertisements. The "business of outdoor 40
advertising" shall does not include the leasing or rental of advertising structures or 41
advertisements used to advertise products, services, or entertainment sold or provided on the 42
premises where the advertising structures or advertisement is located. 43
"Centerline of the highway" means a line equidistant from the edges of the median 44
separating the main traveled ways of a divided highway, or the centerline of the main traveled 45
way of a nondivided highway. 46
"Distance from edge of a right-of-way" shall be means the horizontal distance measured 47
along a line normal or perpendicular to the centerline of the highway. 48
"Federal-aid primary highway" means any highway within that portion of the State 49
Highway System primary state highway system as established and maintained under Article 2 (§ 50
33.1-25 et seq.) of Chapter 1 of Title 33.1 XXX, including extensions of such system within 51
municipalities, which that has been approved by the Secretary of Transportation pursuant to 52
Title 33.2 Chapter 6 11/5/2012 11:07 AM Page 3 of 35
subsection (b) of § 103 of Title 23, United States Code 23 U.S.C. § 103(b), as that system 53
existed on June 1, 1991. 54
"Highway" means every way or place of whatever nature open to the use of the public 55
for purposes of vehicular travel in this the Commonwealth. 56
"Historic place, museum, or shrine" includes only places that are maintained wholly at 57
public expense or by a nonprofit organization. 58
"Information center" means an area or site established and maintained at rest areas for 59
the purpose of informing the public of places of interest within the Commonwealth and 60
providing such other information as the Commonwealth may consider desirable. 61
"Interchange" means a grade separated intersection with one or more turning roadways 62
for travel between intersection legs, or an intersection at grade, where two or more highways 63
join or cross. 64
"Lawfully erected" means any sign that was erected pursuant to the issuance of a permit 65
from the Commissioner of Highways under § 33.1-360 33.2-XXX unless the local governing 66
body has evidence of noncompliance with ordinances in effect at the time the sign was erected. 67
"Legible" means capable of being read without visual aid by a person of normal visual 68
acuity. 69
"Main traveled way" means the traveled way of a highway on which through traffic is 70
carried. In the case of a divided highway, the traveled way of each of the separated roadways for 71
traffic in opposite directions is a main traveled way. It "Main traveled way" does not include 72
such facilities as frontage roads, turning roadways, or parking areas. 73
"Maintain" means to allow to exist. 74
"Municipalities" means cities and incorporated towns. 75
"National highway system Highway System" means the federal-aid highway system 76
described in subsection (b) of § 103 of Title 23, United States Code, 23 U.S.C. § 103(b) and 77
regulations adopted pursuant thereto. For the purpose of this article, outdoor advertising controls 78
on the national highway system National Highway System shall be implemented as those 79
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highways are designated and approved by congressional action, and such designation and 80
approval shall be kept on file in the central office of the Department of Transportation and 81
placed in the minutes of the Commonwealth Transportation Board by the Commissioner of 82
Highways. Prior to congressional approval, highways classified as National System of Interstate 83
and Defense Highways, Dwight D. Eisenhower National System of Interstate and Defense 84
Highways, Interstate System, or federal-aid primary as defined herein in this section shall be 85
considered as the national highway system National Highway System. 86
"National System of Interstate and Defense Highways," "Dwight D. Eisenhower 87
National System of Interstate and Defense Highways," and "Interstate System" means the 88
system presently defined in subsection (e) of § 103 of Title 23, United States Code 23 U.S.C. § 89
103(c). 90
A "nonconforming "Nonconforming sign," "nonconforming advertisement," or 91
"nonconforming advertising structure" is means one which that was lawfully erected adjacent to 92
any highway in the Commonwealth, but which that does not comply with the provisions of state 93
law, state regulations, or ordinances adopted by local governing bodies passed at a later date or 94
which that later fails to comply with state law, state regulations, or ordinances adopted by local 95
governing bodies due to changed conditions. 96
"Person" includes an individual, partnership, association, or corporation. 97
"Post" means post, display, print, paint, burn, nail, paste, or otherwise attach. 98
"Real property" includes any property physically attached or annexed to real property in 99
any manner whatsoever. 100
"Rest area" means an area or site established and maintained within or adjacent to the 101
right-of-way or under public supervision or control, for the convenience of the traveling public. 102
"Scenic area" means any public park, or area of particular scenic beauty or historical 103
significance designated as a scenic area by the Commonwealth Transportation Board. 104
"Sign" means any outdoor sign, display, device, figure, painting, drawing, message, 105
placard, poster, billboard, or other thing which that is designed, intended, or used to advertise or 106
Title 33.2 Chapter 6 11/5/2012 11:07 AM Page 5 of 35
inform, any part of the advertising or informative contents of which is visible from any 107
highway. 108
"Town" means an incorporated town. 109
"Trade name" shall include includes a brand name, trademark, distinctive symbol, or 110
other similar device or thing used to identify particular products or services. 111
"Traveled way" means the portion of a roadway for the movement of vehicles, exclusive 112
of shoulders. 113
"Turning roadway" means a connecting roadway for traffic turning between two 114
intersection legs of an interchange. 115
"Urban area" means an urbanized area or, in the case of an urbanized area encompassing 116
more than one state, that part of the "urbanized area" within the Commonwealth, or an urban 117
place. 118
"Urban place" means an area so designated by the United States U.S. Census Bureau of 119
the Census having a population of 5,000 or more and not within any urbanized area, within 120
boundaries fixed by the Commissioner of Highways, in his discretion, in cooperation with the 121
governing bodies of the several counties, towns or cities localities affected and the appropriate 122
federal authority. Such boundaries shall, as at a minimum, encompass the entire urban place 123
designated by the United States U.S. Census Bureau of the Census. 124
"Urbanized area" means an area so designated by the United States U.S. Census Bureau 125
of the Census, within boundaries fixed by the Commissioner of Highways, in his discretion, in 126
cooperation with the governing bodies of the several counties, towns or citieslocalities affected 127
and the appropriate federal authority. Such boundaries shall, as at a minimum, encompass the 128
entire urbanized area within a state as designated by the United States U.S. Census Bureau of 129
the Census. 130
"Virginia byway" and "scenic highway" mean those highways designated by the 131
Commonwealth Transportation Board pursuant to Article 5 (§ 33.1-62 et seq.) of Chapter 1 of 132
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this title XXX. For the purposes of the this article, a Virginia byway shall mean means a scenic 133
byway as referenced in Title 23, United States Code, § 131 (s) 23 U.S.C. § 131(s). 134
"Visible" means capable of being seen (whether or not legible) without visual aid by a 135
person of normal visual acuity. 136
Drafting note: The definition of "town" is removed because it is unnecessary. 137
Technical changes are also made. 138
§ 33.1-352 33.2-601. Enforcement of provisions by Commissioner of Highways. 139
The Commissioner of Highways shall administer and enforce the provisions of this 140
article. He may, in the performance of his duties hereunder, assign to division engineers and 141
other employees in the Department of Transportation such duties other than discretional 142
discretionary powers as he may think deem appropriate. 143
Drafting note: Technical changes. 144
§ 33.1-353 33.2-602. Territory to which article applies. 145
The territory under the jurisdiction of the Commissioner of Highways for the purposes of 146
this article shall include all of the Commonwealth, exclusive of that portion thereof which that 147
lies within the corporate limits of municipalities, except the jurisdiction of the Commissioner of 148
Highways shall apply to all the territory within municipalities on which signs, advertisements, 149
or advertising structures are visible from the main traveled way of any interstate Interstate 150
System highway, federal-aid primary highway as that system existed on June 1, 1991, or 151
national highway system National Highway System highway. 152
Drafting note: Technical changes. 153
§ 33.1-354 33.2-603. Entry upon lands; hindering Commissioner of Highways or agent. 154
The Commissioner of Highways and all employees under his direction may enter upon 155
such lands as may be necessary in the performance of their functions and duties as prescribed by 156
this article. Any person who shall hinder hinders or obstruct obstructs the Commissioner of 157
Highways or any assistant or agent of the Commissioner of Highways in carrying out such 158
functions and duties shall be is guilty of a Class 1 misdemeanor. 159
Title 33.2 Chapter 6 11/5/2012 11:07 AM Page 7 of 35
Drafting note: Technical change. 160
§ 33.1-355 33.2-604. Excepted signs, advertisements, and advertising structures. 161
The following signs and advertisements, if securely attached to real property or 162
advertising structures, and the advertising structures, or parts thereof, upon which they are 163
posted or displayed are excepted from all the provisions of this article save except those 164
enumerated in §§ 33.1-353 33.2-XXX, 33.1-356 33.2-XXX, 33.1-360 and 33.2-XXX, 165
subdivisions (2) 2 through (13) 12 of § 33.1-369 33.2-XXX and §§ 33.1-370 33.2-XXX and 166
33.1-375 33 2-XXX: 167
(1) 1. Advertisements securely attached to a place of business or residence, and not to 168
exceed no more than 10 advertising structures, with a combined total area of such 169
advertisements and advertising structures, exclusive of the area occupied by the name of the 170
business, owner, or lessee, of advertisements and advertising structures not to exceed no more 171
than 500 square feet, erected or maintained, or caused to be erected or maintained, by the owner 172
or lessee of such place of business or residence, within 250 feet of such place of business or 173
residence or located on the real property of such place of business or residence and relating 174
solely to merchandise, services, or entertainment sold, produced, manufactured, or furnished at 175
such place of business or residence; 176
(2) 2. Signs erected or maintained, or caused to be erected or maintained, on any farm by 177
the owner or lessee of such farm and relating solely to farm produce, merchandise, services, or 178
entertainment sold, produced, manufactured, or furnished on such farm; 179
(3) 3. Signs upon real property posted or displayed by the owner, or by the authority of 180
the owner, stating that the property, upon which the sign is located, or a part of such property, is 181
for sale or rent or stating any data pertaining to such property and its appurtenances, and the 182
name and address of the owner and the agent of such owner; 183
(4) 4. Official notices or advertisements posted or displayed by or under the direction of 184
any public or court officer in the performance of his official or directed duties, or by trustees 185
under deeds of trust, deeds of assignment, or other similar instruments; 186
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(5) 5. Danger or precautionary signs relating to the premises or signs warning of the 187
condition of or dangers of travel on a highway, erected or authorized by the Commissioner of 188
Highways; or forest fire warning signs erected under authority of the State Forester; and forest 189
fire warning signs, notices, or symbols erected by the United States government under the 190
direction of the United States Forestry U.S. Forest Service; 191
(6) 6. Notices of any telephone company, telegraph company, railroad, bridges, ferries, 192
or other transportation company necessary in the discretion of the Commissioner of Highways 193
for the safety of the public or for the direction of the public to such utility or to any place to be 194
reached by it; 195
(7) 7. Signs, notices, or symbols for the information of aviators as to location, direction, 196
and landings and conditions affecting safety in aviation erected or authorized by the 197
Commissioner of Highways; 198
(8) 8. Signs containing of 16 square feet or less and bearing an announcement of any 199
county, town, village or city locality, or historic place or shrine, situated in this the 200
Commonwealth, advertising itself or local industries, meetings, buildings, or attractions, 201
provided the same is such signs are maintained wholly at public expense, or at the expense of 202
such historic place or shrine; 203
(9) 9. Signs or notices containing of two square feet or less, placed at a junction of two 204
or more roads in the State Highway System primary state highway system denoting only the 205
distance or direction of a church, residence, or place of business, provided such signs or notices 206
do not exceed a reasonable number in the discretion of the Commissioner of Highways; 207
(10) 10. Signs or notices erected or maintained upon property giving the name of the 208
owner, lessee, or occupant of the premises; 209
(11) 11. Advertisements and advertising structures within the corporate limits of cities 210
and towns, except as specified in § 33.1-353 33.2-XXX; 211
(12) 12. Historical markers erected by duly constituted and authorized public authorities; 212
Title 33.2 Chapter 6 11/5/2012 11:07 AM Page 9 of 35
(13) 13. Highway markers and signs erected, or caused to be erected, by the 213
Commissioner of Highways or the Commonwealth Transportation Board or other authorities in 214
accordance with law; 215
(14) 14. Signs erected upon property warning the public against hunting, fishing, or 216
trespassing thereon; 217
(15) 15. Signs erected by Red Cross authorities relating to Red Cross Emergency 218
Stations. And, with authority is hereby expressly given for the erection and maintenance of such 219
signs upon the right-of-way of all highways in this the Commonwealth at such locations as may 220
be approved by the Commissioner of Highways; 221
(16) 16. Signs advertising agricultural products and horticultural products, or either, 222
when such products are produced by the person who erects and maintains the signs;, provided, 223
however, that restriction of the location and number of such signs shall be in the sole discretion 224
of the Commissioner of Highways; 225
(17) 17. Signs advertising only the name, time, and place of bona fide agricultural, 226
county, district, or state fairs, together with announcements of related special events in 227
connection therewith which that do not consume more than 50 percent of the display area of 228
such signs, provided the person who posts the signs or causes them to be posted will post a cash 229
bond as may be prescribed by the Commissioner of Highways, adequate to reimburse the 230
Commonwealth for the actual cost of removing such signs as that are not removed within 30 231
days after the last day of the fair so advertised; 232
(18) 18. Signs of eight square feet or less, or one sign structure containing more than one 233
sign of eight square feet or less, which that denote only the name of a civic service club or 234
church, location and directions for reaching same, and time of meeting of such organization, 235
provided such signs or notices do not exceed a reasonable number as determined by the 236
Commissioner of Highways; 237
(19) 19. Notwithstanding the provisions of § 33.1-373 33.2-XXX, signs containing 238
advertisements or notices that have been authorized by a county and that are securely affixed to 239
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a public transit passenger shelter that is owned by that county, provided, however, that no 240
advertisement shall be placed within the right-of-way of the federal interstate system Interstate 241
System, National Highway System, or the federal-aid primary system of highways in violation 242
of federal law. The prohibition in subdivision 8 7 of § 33.1-369 33.2-XXX against placing signs 243
within 15 feet of the nearest edge of the pavement of any highway shall not apply to such signs. 244
The Commissioner of Highways may require the removal of any particular sign located on such 245
a shelter as provided in this subdivision if, in his judgement judgment, such sign constitutes a 246
safety hazard. 247
Drafting note: In subdivision 5, the reference to the "Forestry" Service is corrected 248
to the U.S. Forest Service. In subdivision 8, the term "village" is removed as an inaccurate 249
term. Technical changes are also made. 250
§ 33.1-356 33.2-605. License required of outdoor advertiser advertisers. 251
No person shall engage or continue in the business of outdoor advertising in this the 252
Commonwealth outside of the corporate limits of municipalities or within the corporate limits of 253
municipalities if their off-premises sign, advertisement, or advertising structure is visible from 254
the main traveled way of any interstate Interstate System, federal-aid primary, or national 255
highway system National Highway System highway without first obtaining a license therefor 256
from the Commissioner of Highways. Persons engaged in the business of outdoor advertising 257
who that own signs, advertisements, or advertising structures visible from the main traveled way 258
of any interstate Interstate System, federal-aid primary, or national highway system National 259
Highway System highway within municipalities shall have until October 1, 1993, to obtain a 260
license from the Commissioner of Highways or remove such sign, advertisement, or advertising 261
structure from the view from the main traveled way of any interstate Interstate System, federal-262
aid primary, or national highway system National Highway System highway. The 263
Commissioner of Highways shall notify persons known to be engaged in the business of outdoor 264
advertising within municipalities by August 1, 1993, of the need to obtain a license. The fee for 265
such license, hereby imposed for revenue for the use of the Commonwealth, shall be $500 per 266
Title 33.2 Chapter 6 11/5/2012 11:07 AM Page 11 of 35
year, payable annually in advance. Applications for licenses, or renewal of licenses, shall be 267
made on forms furnished by the Commissioner of Highways, shall contain such information as 268
the Commissioner of Highways may require, and shall be accompanied by the annual fee. 269
Licenses granted under this section shall expire on December 31 of each year and shall not be 270
prorated. Applications for renewal of licenses shall be made not less than thirty 30 days prior to 271
the date of expiration. Nothing in this section shall be construed to require any person who that 272
advertises upon a structure or fixture on his its property or a licensed advertiser's structure or 273
other space to obtain a license. 274
Drafting note: Obsolete language regarding those engaged in outdoor advertising 275
prior to 1993 is deleted. Technical changes are also made. 276
§ 33.1-357 33.2-606. Revocation of license and judicial review. 277
A. The Commissioner of Highways shall have the right may, after thirty 30 days' notice 278
in writing to the licensee, to revoke any license granted by him upon repayment of a 279
proportionate part of the license fee, in any case in which he shall find finds that any of the 280
information required to be given in the application for the license is knowingly false or 281
misleading or that the licensee has violated any of the provisions of this article, unless such 282
licensee shall, before the expiration of such thirty 30 days, correct corrects such false or 283
misleading information and comply complies with the provisions of this article. 284
§ 33.1-358. Judicial review of revocation. 285
B. Any person whose license is so revoked is entitled to judicial review of such 286
revocation in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et 287
seq.). Any person aggrieved by the such judgment of such court shall have the right of appeal to 288
the Court of Appeals. 289
Drafting note: Two related sections regarding revocation of licenses are combined. 290
Technical changes are also made. 291
§ 33.1-359 33.2-608. Bond required from out-of-state licensee. 292
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No license to engage or continue in the business of outdoor advertising shall be granted 293
to any person having his its principal place of business outside the Commonwealth or which that 294
is incorporated outside the Commonwealth for the posting or display of any advertisement or 295
the erection, use, or maintenance of any advertising structure, until such person shall have has 296
furnished and filed with the Commissioner of Highways a bond payable to the Commonwealth, 297
with surety approved by the Commissioner of Highways and in a form approved by the 298
Attorney General, in the sum of $1,000, conditioned that such licensee shall fulfill fulfills all 299
requirements of law and the regulations and orders of the Commissioner, of Highways relating 300
to the display of advertisements or the erection of advertising structures. Such bond shall remain 301
remains in full force and effect so long as any obligations of such licensee to the 302
Commonwealth shall remain unsatisfied. 303
Drafting note: Technical changes. 304
§ 33.1-360 33.2-609. Permits required. 305
Except as in this article otherwise provided in this article, no person, whether engaged in 306
the business of outdoor advertising or not, shall erect, use, maintain, post, or display any 307
advertisement or advertising structure outside municipalities in this the Commonwealth, outside 308
of municipalities, without first obtaining a permit therefor from the Commissioner of Highways 309
and paying the annual fee therefor, as provided in this article. A permit shall be is required for 310
an off-premises sign, advertisement, or advertising structure authorized by § 33.1-370 33.2-311
XXX if it is located within a municipality and is visible from the main traveled way of any 312
interstate Interstate System, federal-aid primary, or national highway system National Highway 313
System highway. 314
No bond or permit shall be is required for the posting or display of any advertisement 315
posted or displayed on any advertising structure or space for which a permit has been issued or 316
renewed for the then current then-current calendar year under the provisions of this article 317
unless such permit has been revoked. 318
Drafting note: Technical changes. 319
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§ 33.1-361 33.2-610. Applications for permits; fees. 320
A. A separate application for a permit shall be made for each separate advertisement or 321
advertising structure, on a form furnished by the Commissioner of Highways, which application 322
shall be signed by the applicant or his representative duly authorized in writing to act for him 323
and shall describe and set forth the size, shape, and the nature of the advertisement or 324
advertising structure it is proposed to post, display, erect, or maintain and its actual or proposed 325
location with sufficient accuracy to enable the Commissioner of Highways to identify such 326
advertisement or advertising structure and to find its actual or proposed location. 327
B. Each application shall be accompanied by an application fee in an amount determined 328
as follows on the basis of the area of the advertisement or advertising structure for which the 329
permit is sought, according to the following schedule: 330
1. Fifteen dollars $15 if such area does not exceed 74 square feet; 331
2. Thirty dollars $30 if such area exceeds 74 square feet but does not exceed 1,824 332
square feet; and 333
3. One hundred sixty-five dollars $165 if such area exceeds 1,824 square feet. 334
In the computation of fees under this section subsection, each side of the advertisement 335
or advertising structure used or constructed to be used shall be separately considered. If the 336
applicant elects to use an electronic application, the fee shall be reduced by $5 per application. 337
The fee shall be retained by the Commissioner of Highways if the permit is issued. If the 338
permit is refused, the Commissioner of Highways shall refund one-half of the application fee to 339
the applicant. 340
C. In addition to the above fees required by subsection B, on any original application for 341
an advertisement or advertising structure there shall be imposed an inspection charge of $50 for 342
any advertisement or advertising structure to be located on an interstate Interstate System, 343
federal-aid primary, or national highway system National Highway System highway and $25 for 344
any advertisement or advertising structure to be located on any other highway. 345
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D. Each application shall be accompanied by the written consent, or in lieu thereof a 346
copy certified by an officer authorized to take acknowledgments to deeds in this the 347
Commonwealth, of the owner of the real property upon which such advertisement or advertising 348
structure is to be erected, used, maintained, posted, or displayed, or of such other person having 349
the legal right to grant such consent, or of the duly authorized agent of such owner, or other 350
person; provided, except that in the marsh or meadowland owned by the Commonwealth along 351
either side of the causeway leading from the mainland to the town Town of Chincoteague, the 352
legal right to grant such consent shall be vested in the local governing body of such town. 353
E. Application shall be made in like manner for a permit to use, maintain, or display an 354
existing advertisement or advertising structure. 355
Drafting note: Technical changes. 356
§ 33.1-362 33.2-611. Duration and renewal of permit. 357
Except as provided in § 33.1-365 33.2-XXX, permits issued hereunder in accordance 358
with this article shall run for the calendar year, and may be renewed upon application made 359
upon forms furnished by the Commissioner of Highways and the payment of the same fee 360
required to be paid upon application for a permit. Fees for renewal of permits using the Virginia 361
Department of Transportation's Department's electronic application renewal process shall be 362
reduced by $5 per permit being renewed. Permits will shall not be extended or renewed in cases 363
where the permittee has not exercised the privilege of erecting such advertising structure or 364
displayed such advertisement during the period for which the permit was issued. Annual permits 365
issued after December fifteenth 15 will shall cover the following calendar year. 366
Drafting note: Technical changes. 367
§ 33.1-363. Area of advertising structure. 368
The area of an advertising structure shall be determined from its outside measurements, 369
excluding as a part thereof, the height and overall width of supports and supporting structure 370
and any other portion or portions thereof beneath the normal area upon which an advertisement 371
is posted or intended to be posted. 372
Title 33.2 Chapter 6 11/5/2012 11:07 AM Page 15 of 35
Drafting note: This section is included in the definitions section for this article, 373
because so much of this article uses the area of the advertising structure. 374
§ 33.1-364 33.2-613. Revocation of permit. 375
The Commissioner of Highways may, after thirty 30 days' notice in writing to the 376
permittee, revoke any permit issued by him under § 33.1-360 33.2-XXX upon repayment of a 377
proportionate part of the fee in any case in which it shall appear appears to the Commissioner of 378
Highways that the application for the permit contains knowingly false or misleading 379
information, that the permittee has failed to keep in a good general condition and in a reasonable 380
state of repair the advertisement or advertising structure for which such permit was issued, or 381
that the permittee has violated any of the provisions of this article, unless such permittee shall, 382
before the expiration of such thirty 30 days, correct corrects such false or misleading 383
information, or make makes the necessary repairs or improvement in the general condition of 384
such advertisement or advertising structure or comply complies with the provisions of this 385
article, as the case may be. If the erection, maintenance, and display of any advertisement or 386
advertising structure for which a permit is issued by the Commissioner of Highways and the 387
permit fee has been paid as above provided, shall be is prevented by any zoning board, 388
commission, or other public agency which that also has jurisdiction over the proposed 389
advertisement or advertising structure or its site, the application fee for such advertisement or 390
advertising structure shall be returned by the Commissioner of Highways and the permit 391
revoked. But However one-half of the application fee shall be deemed to have accrued upon the 392
erection of an advertising structure or the display of an advertisement followed by an inspection 393
by the Commissioner of Highways or his representative. 394
Drafting note: Technical changes. 395
§ 33.1-365 33.2-614. Temporary permit. 396
In any case if in which an applicant for a permit shall certify certifies in his application 397
that he is unable to state the actual or proposed location of the advertisement or advertising 398
structure or to file the written consent of the landowner or other person having the legal right to 399
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the real estate upon which the advertisement or advertising structure is to be erected, used, 400
maintained, posted, or displayed, the Commissioner of Highways shall issue to such applicant a 401
temporary permit, which shall expire 60 days from the date of issue, together with the proper 402
identification number to be attached to such advertisement or advertising structure, which 403
temporary permit shall expire sixty days from the date of its issue. Applications for temporary 404
permits must indicate the county and route on which the advertisement or advertising structure 405
is to be located and must be accompanied by a fee of two dollars $2 to cover the cost of issuance 406
of the temporary permit. If within such sixty 60 days, the applicant shall file files with the 407
Commissioner of Highways an application setting forth all of the information required in § 33.1-408
361 33.2-XXX, together with the required fees, the Commissioner of Highways shall issue to 409
such applicant a permit. In the event that the permit is not issued, the fees submitted shall be 410
returned, except the two dollars $2 for the temporary permit. 411
Drafting note: Technical changes. 412
§ 33.1-366 33.2-615. Appeal from refusal or revocation of permit. 413
Any person aggrieved by any action of the Commissioner of Highways in refusing to 414
grant or in revoking a permit under § 33.1-361 33.2-XXX or § 33.1-364 33.2-XXX may appeal 415
from the decision of the Commissioner of Highways in accordance with the provisions of the 416
Administrative Process Act (§ 2.2-4000 et seq.). 417
Drafting note: Technical changes. 418
§ 33.1-367 33.2-616. Transfer of licenses and permits to successor concerns. 419
Any license or permit issued pursuant to this article may be transferred to any person 420
who that acquires as a successor the business of the person for whom such license or permit was 421
issued. 422
Drafting note: Technical change. 423
§ 33.1-368 33.2-617. Identification of advertising structure or advertisement. 424
The Commissioner of Highways shall require that each advertising structure and each 425
advertisement not posted or displayed on an advertising structure shall bear an identification 426
Title 33.2 Chapter 6 11/5/2012 11:07 AM Page 17 of 35
number, furnished by the Commissioner, of Highways and, if erected, maintained, or displayed 427
by a licensed outdoor advertiser shall, also bear his its name. The Commissioner of Highways 428
shall make suitable provisions for the details thereof. 429
Drafting note: Technical changes. 430
§ 33.1-369 33.2-618. Certain advertisements or structures prohibited. 431
No advertisement or advertising structure shall be erected, maintained, or operated: 432
(1) 1. Within 660 feet of the nearest edge of the right-of-way of the Blue Ridge Parkway, 433
the Colonial National Parkway, the Mount Vernon Boulevard, or any other parkway within this 434
the Commonwealth or within 660 feet of any public cemetery, public park reservation, public 435
playground, national forest, or state forest, outside the limits of any municipality; however, any 436
advertisement or advertising structure which that is lawfully in place on April 6, 1966, and 437
which that does not conform to the 660-foot distance requirement may be maintained for the life 438
of such the advertisement or advertising structure; 439
(2) Which 2. That involves motion or rotation of any part of the structure, moving 440
reflective disks, or running animation, or that displays an intermittent light or lights visible from 441
any highway. The prohibition of this subsection subdivision shall not apply to: (a) (i) an 442
advertisement or advertisement structure with messages that change no more than once every 443
four seconds and that is consistent with agreements entered into between the Commissioner of 444
Highways and the United States U.S. Department of Transportation or (b) (ii) an on-premises 445
advertisement or advertising structure with messages displayed as scrolling words and/or or 446
numbers; 447
(3) Which 3. That uses the words "stop" or "danger" prominently displayed or presents 448
or implies the need or requirement of stopping or the existence of danger on any highway, or 449
which that is a copy or imitation of official highway signs; 450
(4) [Reserved.] 451
Page 18 of 35 11/5/2012 11:07 AM Title 33.2 Chapter 6
(5) Which 4. That, within visible distance of any highway, advertises any county, city, 452
town, village, historic place, or shrine without the consent, in writing of such county, city, or 453
town or village or of the owner of such historic place or shrine; 454
(6) Which 5. That is mobile and is designed to and effectively does distract the attention 455
of passing motorists on any highway by flashing lights, loud and blatant noises, or movable 456
objects; 457
(7) Which involve 6. That involves red, green, or amber lights or reflectorized material 458
and which resemble resembles traffic signal lights or traffic control signs and are is within 459
visible distance of any highway; 460
(8) 7. Within fifteen 15 feet of the nearest edge of the pavement of any highway; 461
however, the Commissioner of Highways may waive this restriction whenever the 462
advertisement or advertising structure is actually anchored outside of the right-of-way, and, 463
within his discretion, does not constitute a safety hazard or conflict with any other restriction 464
contained in this section; 465
(9) 8. At any public road intersection in such a manner as would obstruct the clear vision 466
in either direction between a point on the center line of the side road 20 feet from the nearest 467
edge of the pavement of the main road and points on the main road 400 feet distant, measured 468
along the nearest edge of the pavement of the main road; 469
(10) 9. At any grade intersection of a public road and a railroad in such a manner as 470
would obstruct the clear vision in either direction within triangular areas formed by (a) (i) a 471
point at the center of the railroad-public road intersection, (b) (ii) a point on the public road 400 472
feet from the center of the railroad-public road intersection as measured along the center of the 473
public road, and (c) (iii) a point on the railroad 500 feet from the center of the railroad-public 474
road intersection as measured along the center of the railroad; 475
(11) 10. At or near any curve in a road in such a manner as to obstruct the clear vision of 476
traffic from any one point on such curve to any other point not more than 400 feet apart, as 477
measured between each point from the nearest edge of the pavement; 478
Title 33.2 Chapter 6 11/5/2012 11:07 AM Page 19 of 35
(12) Which 11. That advertises activities which that are illegal under state or federal 479
laws or regulations in effect at the location of such sign or advertisement or at the location of 480
such activities; 481
(13) Which 12. That is obsolete or inconsistent with this article or regulations adopted by 482
the Commonwealth Transportation Board pursuant to this article; or 483
(14) 13. After December 18, 1991, adjacent to any interstate Interstate System, federal-484
aid primary, or national highway system National Highway System highway in the 485
Commonwealth which that has been designated as a Virginia byway or scenic highway, except 486
directional and official signs and notices defined in this article and regulations adopted under 487
pursuant to this article, on-premises signs, and signs advertising the sale or lease of property 488
upon which they are located. 489
Drafting note: Technical changes. 490
§ 33.1-370 33.2-619. Special provisions pertaining to interstate Interstate System, 491
national highway system National Highway System, and federal-aid primary highways. 492
A. Notwithstanding the territorial limitation set out in § 33.1-353 33.2-XXX, no sign or 493
advertisement adjacent to any interstate Interstate System, national highway system National 494
Highway System, or federal-aid primary highway shall be erected, maintained, or displayed 495
which that is visible from the main traveled way within 660 feet of the nearest edge of the right-496
of-way, except as provided in subsections B and D of this section, and outside of an urban area, 497
no sign or advertisement beyond 660 feet of the nearest edge of the right-of-way of any 498
interstate Interstate System, national highway system National Highway System, or federal-aid 499
primary highway which that is visible from the main traveled way shall be erected, maintained, 500
or displayed with the purpose of its message being read from the main traveled way, except as 501
set forth in subsection C. 502
B. The following signs, advertisements, or advertising structures may be erected, 503
maintained, and displayed within 660 feet of the right-of-way of any interstate Interstate 504
System, national highway system National Highway System, or federal-aid primary highway: 505
Page 20 of 35 11/5/2012 11:07 AM Title 33.2 Chapter 6
Class 1 -: Official signs. - Directional and official signs and notices, which signs and 506
notices shall include, but not be limited to, including signs and notices pertaining to the 507
availability of food, lodging, vehicle service and tourist information, natural wonders, scenic 508
areas, museums, and historic attractions, as authorized or required by law; however, where such 509
signs or notices pertain to facilities or attractions which that are barrier free, such signs or 510
notices shall contain the International Barrier Free Symbol of Access. The Commonwealth 511
Transportation Board shall determine the type, lighting, size, location, number, and other 512
requirements of signs of this class. 513
Class 2 -: On-premises signs. - Signs not prohibited by other parts of this article which 514
that are consistent with the applicable provisions of this section and which that advertise the sale 515
or lease of, or activities being conducted upon, the real property where the signs are located;, 516
provided, that any such signs, which that are located adjacent to and within 660 feet of any 517
interstate Interstate System highway and do not lie in commercial or industrial zones within the 518
boundaries of incorporated municipalities, as such boundaries existed on September 21, 1959, 519
wherein the use of real property adjacent to the Interstate System is subject to municipal 520
regulation or control, or in areas where land use as of September 21, 1959, was clearly 521
established by state law as industrial or commercial, shall comply with the following 522
requirements: 523
1. Not more than one sign advertising the sale or lease of the same property may be 524
erected or maintained in such manner as to be visible to traffic proceeding in any one direction 525
on any one interstate Interstate System highway; 526
2. Not more than one sign, visible to traffic proceeding in any one direction on any one 527
interstate Interstate System highway and advertising activities being conducted upon the real 528
property where the sign is located, may be erected or maintained more than fifty 50 feet from 529
the advertised activity, and no such sign may be located more than 250 feet from the center of 530
the advertised activity; and 531
Title 33.2 Chapter 6 11/5/2012 11:07 AM Page 21 of 35
3. No sign, except one which that is not more than fifty 50 feet from the advertised 532
activity, that displays any trade name which that refers to or identifies any service rendered or 533
product sold, shall may be erected or maintained unless the name of the advertised activity is 534
displayed as conspicuously as such trade name. 535
Class 3 -: Other signs. - Any signs or advertisements which that are located within areas 536
adjacent to any interstate Interstate System, national highway system National Highway System, 537
or federal-aid primary highway which that are zoned industrial or commercial under authority of 538
state law, or in unzoned commercial or industrial areas as determined by the Commonwealth 539
Transportation Board from actual land uses. The Commonwealth Transportation Board shall 540
determine the size, lighting, and spacing of signs of this class, provided that such determination 541
shall be no more restrictive than valid federal requirements on the same subject. 542
C. The following signs, advertisements, or advertising structures may be erected, 543
maintained, and displayed beyond 660 feet of the right-of-way of any interstate Interstate 544
System, national highway system National Highway System, or federal-aid primary highway 545
outside of urban areas.: 546
1. Class 1 and Class 2 signs, advertisements, or advertising structures set forth in 547
subsection B of this section. 548
2. All other signs, advertisements, or advertising structures erected, maintained, or 549
displayed more than 660 feet from the nearest edge of the right-of-way of an interstate Interstate 550
System, national highway system National Highway System, or federal-aid primary highway;, 551
unless said such sign or advertisement is visible from the main traveled way of said such 552
highways and erected, maintained, or displayed with the purpose of its message being read from 553
the main traveled way of said such highways. 554
In determining whether a sign, advertisement, or advertising structure is "erected, 555
maintained, or displayed with the purpose of its message being read," the Commissioner is not 556
limited to, but will of Highways shall consider, at a minimum, the nature of the business or 557
product advertised thereon, the availability of such business or product to users of the controlled 558
Page 22 of 35 11/5/2012 11:07 AM Title 33.2 Chapter 6
highway, and the visibility of the sign, advertisement, or advertising structure from the main 559
traveled way of the controlled highway (such. Such visibility may be measured by considering 560
the size or height of the sign, advertisement, or advertising structure; the configuration, size, and 561
height of recognizable emblems, images, and lettering thereon; the angle of the sign, 562
advertisement, or advertising structure to the main traveled way of the controlled highway; the 563
degree to which physical obstructions hinder the view of the sign, advertisement, or advertising 564
structure from the main traveled way of the controlled highway; and the time during which such 565
sign, advertisement, or advertising structure is exposed to view by travelers on the main traveled 566
way of the controlled highway traveling at the maximum and minimum speeds posted). 567
D. In order to provide information in the specific interest of the traveling public, the 568
Commonwealth Transportation Board is hereby authorized to maintain maps and to, permit 569
informational directories and advertising pamphlets to be made available at rest areas, and to 570
establish information centers at rest areas for the purpose of informing the public of places of 571
interest within the Commonwealth and providing such other information as may be considered 572
desirable. 573
E. Notwithstanding any other provision of law, lawfully erected and maintained 574
nonconforming signs, advertisements, and advertising structures shall not be removed or 575
eliminated by amortization under state law or local ordinances without compensation as 576
described in subsection F of this section. 577
F. The Commissioner of Highways is authorized to acquire by purchase, gift, or the 578
power of eminent domain and to pay just compensation upon the removal of nonconforming 579
signs, advertisements, or advertising structures lawfully erected and maintained under state law 580
or state regulations. Provided, however, provided that subsequent to November 6, 1978, 581
whenever any local ordinance which that is more restrictive than state law requires the removal 582
of such signs, advertisements, or advertising structures, the local governing body shall initiate 583
the removal of such signs, advertisements, or advertising structures with the Commissioner of 584
Highways, who shall have complete authority to administer the removal of such signs, 585
Title 33.2 Chapter 6 11/5/2012 11:07 AM Page 23 of 35
advertisements, or advertising structures. Upon proof of payment presented to the local 586
governing bodies, the local governing bodies shall reimburse the Commissioner of Highways 587
the funds expended which that are associated with the removal of such signs, advertisements, or 588
advertising structures required by local ordinances, less any federal funds received for such 589
purposes. Notwithstanding the above provisions of this subsection, nothing shall prohibit the 590
local governing bodies from removing signs, advertisements, or advertising structures which 591
that are made nonconforming solely by local ordinances so long as those ordinances require the 592
local governing bodies to pay 100 percent of the cost of removing them and just compensation 593
upon their removal. 594
Such compensation is authorized to be paid only for the taking from the owner of such 595
sign or advertisement of all right, title, leasehold, and interest in such sign or advertisement, and 596
the taking from the owner of the real property on which the sign or advertisement is located, of 597
the right to erect and maintain such sign or advertisement thereon. 598
The Commissioner of Highways shall not be required to expend any funds under this 599
section unless and until federal-aid matching funds are made available for this purpose. 600
Drafting note: Technical changes are made, including removing the phrase "but 601
not limited to" based on § 1-218. In subsection B, the "International Barrier Free Symbol" 602
name is updated to the "International Symbol of Access." 603
§ 33.1-370.1 33.2-620. Removal of billboard signs under this chapter prohibited without 604
just compensation. 605
Notwithstanding any other provision of law, no billboard sign subject to this chapter 606
may be removed by action of a county, city, or town under Chapter 22 (§ 15.2-2200 et seq.) of 607
Title 15.2 without the payment of just compensation by the county, city, or town unless the 608
billboard sign cannot remain on the property due to the site constraints of the property and 609
removal of the billboard sign is therefore necessary for development on the property. The 610
property owner may terminate the leasehold or other right of the billboard sign to remain on the 611
property in accordance with the terms and conditions of the contract between the property 612
Page 24 of 35 11/5/2012 11:07 AM Title 33.2 Chapter 6
owner and the billboard sign owner, but may not be required to do so by the county, city, or 613
town as a condition of obtaining development approval for the property, unless removal of the 614
billboard sign is necessary for development of the property or the billboard sign is 615
nonconforming and is the principal use on the property and the zoning ordinance permits only 616
one principal use on the property. 617
Drafting note: Technical change. 618
§ 33.1-370.2 33.2-621. Maintenance and repair of nonconforming billboard signs. 619
Notwithstanding any other provision of law, maintenance of and repairs to 620
nonconforming billboard signs shall be governed by this section and any applicable regulations 621
promulgated by the Commissioner of Highways, known as the "Control and Continuance of 622
Nonconforming Signs, Advertisements, and Advertising Structure Structures." Nonconforming 623
billboard signs shall be maintained in a good state of repair and shall be subject to removal for 624
failure to do so, in accordance with § 33.1-375 33.2-XXX. In order to make repairs to a 625
nonconforming billboard sign, the owner shall make a written request to the Commissioner of 626
Highways and submit the documentation required by 24 VAC 30-120-170. The Commissioner 627
of Highways shall review the written request, and if the Commissioner of Highways determines 628
that the cost of requested repairs does not exceed a dollar amount greater than 50 percent of the 629
current replacement cost of the entire billboard sign or structure, the Commissioner of 630
Highways shall provide the owner of the billboard sign with a letter approving the billboard sign 631
repairs. However, in no case shall a nonconforming billboard sign be replaced or rebuilt if the 632
cost of the replacement or rebuilding exceeds 50 percent of the current replacement cost. The 633
owner of the billboard sign shall apply for a building permit from the locality in which the 634
billboard sign is located and provide a copy of the approval letter from the Commissioner of 635
Highways as part of the application for the building permit. The Commissioner's determination 636
as to whether the owner of the billboard sign has complied with this section shall be binding 637
upon the locality, unless the building official, for good cause shown, submits to the 638
Commissioner of Highways documentation objecting to the Commissioner's determination, 639
Title 33.2 Chapter 6 11/5/2012 11:07 AM Page 25 of 35
within 30 days of the building permit application, with a copy of such documentation being 640
provided to the billboard sign owner. The Commissioner of Highways shall consider any 641
documentation submitted by the building official and shall reissue a determination in 642
accordance with this section, which determination shall be binding upon the locality. 643
Drafting note: Technical changes. VDOT may want to suggest more generic 644
language to replace the VAC reference. 645
§ 33.1-371 33.2-622. Regulations and agreements with United States implementing § 646
33.1-370 33.2-XXX. 647
The Commonwealth Transportation Board may issue regulations, and is authorized to 648
enter into agreements with the United States as provided in 23 United States Code U.S.C. § 131, 649
with respect to the regulation and control of signs, advertisements, and advertising structures in 650
conformity with § 33.1-370; 33.2-XXX, provided that such agreements shall not prevent the 651
General Assembly of Virginia from amending or repealing § 33.1-370 33.2-XXX at any time, 652
and provided further, that in the event the federal law is amended to lessen the special 653
restrictions applicable to signs, advertisements, and advertising structures adjacent to interstate 654
Interstate System or federal-aid primary highways, the Commonwealth Transportation Board is 655
authorized to adopt regulations to conform to such change in federal law and to amend any 656
agreement with the United States relating to such control. 657
Drafting note: Technical changes. 658
§ 33.1-371.1 33.2-623. Selective pruning permits; fees; penalty. 659
A. As used in this section "local beautification project" means any project in a locality 660
that includes installation of plant materials, using public or other funds, in any public right-of-661
way within a city or town or on a highway or street in a county with the county manager form of 662
government. 663
B. Notwithstanding the provisions of § 33.1-353 33.2-XXX or any other provision of 664
law: 665
Page 26 of 35 11/5/2012 11:07 AM Title 33.2 Chapter 6
1. The Commissioner of Highways shall by permit authorize the selective pruning, 666
within highway rights-of-way, as highways are defined in § 33.1-351 33.2-XXX, including 667
within corporate limits of municipalities, of vegetation that obstructs motorists' view of signs 668
displayed on outdoor advertising structures legally erected and properly maintained along the 669
highways. Permits authorizing such pruning shall be issued in accordance with this section. 670
(a) a. All work performed under the permit shall be (i) subject to the direction of the 671
Commissioner or his designee of Highways, (ii) supervised on-site by a certified arborist 672
approved by the Commissioner of Highways, (iii) completed to the satisfaction of the 673
Commissioner or his designee of Highways, and (iv) performed solely at the expense of the 674
permittee. 675
(b) b. All pruning shall be performed in a manner that (i) creates a picture frame effect 676
around the sign and (ii) beautifies the area surrounding the advertising structure. All cutting 677
shall be limited to vegetation with trunk base diameters of less than six inches. Pruning cuts of 678
limbs or branches or other vegetation with diameters greater than four inches and clear cutting 679
shall not be authorized and shall be strictly prohibited. Pruning of vegetation in a highway 680
median shall not be permitted where the locality within which the pruning is to be done has a 681
local beautification project, as defined in this section, in the area within the scope of the 682
selective pruning application; however, relocation or replanting of such vegetation shall be 683
permitted in accordance with a landscaping plan as provided in this section. 684
(c) c. Any diseased or unsightly vegetation or any vegetation that endangers the health or 685
retards the growth of desirable vegetation may be removed at the discretion of the certified 686
arborist supervising the work. Any such removed vegetation shall be replaced at the permittee's 687
expense with desirable vegetation. 688
2. The requirements of this section shall not apply to the owner or authorized agent of 689
the owner of any sign, advertisement, or advertising structure exempted from the provisions of 690
this article by § 33.1-355 33.2-XXX. 691
Title 33.2 Chapter 6 11/5/2012 11:07 AM Page 27 of 35
3. The Commissioner of Highways shall promulgate such regulations as he deems 692
necessary or desirable to carry out the provisions of this section. Such regulations shall include 693
but not necessarily be limited to the following requirements: 694
(a) a. Every application for a permit submitted under this section shall be accompanied 695
by photographs of the affected site and a detailed description of work proposed to be performed. 696
(b) b. A fee of $400 shall accompany every application made to the Commissioner, of 697
Highways or, if applicable, to the locality within which the pruning is to be performed. All such 698
fees collected by the Commissioner of Highways shall be paid by the Commissioner of 699
Highways into the state treasury, and allocated to the Commonwealth Transportation Board. 700
(c) c. Every applicant shall post a bond payable to the Commonwealth, with surety 701
approved by the Commissioner of Highways and in a form approved by the Attorney General, 702
in the sum of $2,500, conditioned on the permittee's fulfillment of all requirements of the 703
permit. 704
(d) d. No permit shall be issued under this section in order to create a new site for an 705
outdoor advertising structure. 706
4. Where the applicant is seeking a vegetation control permit in a locality where the 707
public right-of-way is within the jurisdictional limits of a city or town on a highway or street not 708
within the jurisdiction of the Commissioner of Highways under § 33.1-353 33.2-XXX or on a 709
highway or street in a county having the county manager form of government, the 710
Commissioner of Highways shall delegate the administration of this section to that locality, and, 711
if so delegated, the locality shall apply the provisions of this section. 712
5. If there are plant materials in the public right-of-way that are part of a local 713
beautification project, the Commissioner of Highways or the locality, as the case may be, may 714
include a requirement, in accordance with the provisions of subdivisions 4 through 7, that, as a 715
condition of the issuance of a vegetation control permit for selective pruning, the applicant must 716
submit a landscaping plan, showing how the applicant will relocate or replant the vegetation 717
obstructing the motorists' view from the main traveled way of the highway or street of signs 718
Page 28 of 35 11/5/2012 11:07 AM Title 33.2 Chapter 6
displayed on outdoor advertising structures, in lieu of the selective pruning of such plant 719
materials. For purposes of this section, "local beautification project" means any project in a 720
locality that includes installation of plant materials, using public or other funds, in any public 721
right-of-way within a city or town or on a highway or street in a county with the county 722
manager form of government. In the absence of the existence of a local beautification project in 723
the area within the scope of the selective pruning application, no landscaping plan requirement 724
shall be imposed on the applicant. 725
6. If subdivision 5 is applicable, the applicant shall pay the reasonable costs of 726
implementing the landscaping plan, which may include but not be limited to, relocating existing 727
plant materials, purchasing new replacement plant materials, and planting vegetation that will 728
not grow to a height or position in the future so as to obstruct motorists' view from the main 729
traveled way of the highway or street of signs displayed on outdoor advertising structures, as 730
otherwise set out in the landscaping plan. 731
7. The provisions of subdivisions 4 through 7 6 shall apply to any local beautification 732
project installed prior to July 1, 2006. On and after July 1, 2006, the locality shall not plant 733
materials that obstruct motorists' view from the main traveled way of the highway or street of 734
signs displayed on outdoor advertising structures. 735
8. Any application for vegetation control in compliance with this section submitted to 736
the Commissioner of Highways shall be approved acted upon within 60 days of submission or 737
shall be deemed approved. Any application for vegetation control in compliance with this 738
section submitted to any city or town or on a highway or street in a county with the county 739
manager form of government shall be approved acted upon within 60 days of submission or 740
shall be deemed approved. The locality may impose conditions in approval of the landscaping 741
plan consistent with this section and the regulations promulgated thereto. If the locality is not 742
satisfied that the landscaping plan submitted by the applicant complies with this section, the 743
locality may appeal to the Commissioner of Highways prior to the expiration of the 60-day 744
period from the date of submission. If the applicant objects to the conditions imposed by the 745
Title 33.2 Chapter 6 11/5/2012 11:07 AM Page 29 of 35
locality as part of the approval of the landscaping plan, the applicant may appeal to the 746
Commissioner of Highways within 10 days after the final action by the locality. The appealing 747
party shall submit a written appeal to the Commissioner of Highways, stating the reasons for 748
such appeal, along with a fee of $400. The Commissioner of Highways shall review the 749
landscaping plan and the reasons for the appeal and shall issue a determination in accordance 750
with this section within 30 days after filing of the appeal, which determination shall be binding 751
upon the applicant and the locality. 752
9. Upon issuance of a vegetation control permit in accordance with this section, the 753
applicant shall give written notice, at least seven days in advance of any site work, as authorized 754
by the permit, of the date and time of the commencement of the site work as approved by the 755
permit. Such written notice shall be given to the Commissioner of Highways unless the public 756
right-of-way is within the jurisdictional limits of a city or town on a highway or street not within 757
the jurisdiction of the Commissioner of Highways under § 33.1-353 33.2-XXX, in which case, 758
the written notice shall be given to the local government official who approved the permit. 759
10. Any person found by a court of competent jurisdiction to have violated any provision 760
of this section, any regulation adopted pursuant to this section, or any permit issued under this 761
section, shall, in addition to the penalties provided in § 33.1-377.1, 33.2-XXX be prohibited by 762
the court from applying for any other permit under this section for a period of not more than five 763
years. 764
Drafting note: Technical changes are made, including removing the phrase "but 765
not limited to" in subdivisions 3 and 6 based on § 1-218 of the Code of Virginia. 766
§ 33.1-372 33.2-624. Pasting advertisements prohibited in certain instances. 767
No advertisement shall be pasted or glued on any building, fence, wall, tree, rock, or 768
other similar structure or object, unless the same be structure or object is an advertising structure 769
for which a permit has been issued and is in effect. 770
Drafting note: Technical changes. 771
Page 30 of 35 11/5/2012 11:07 AM Title 33.2 Chapter 6
§ 33.1-373 33.2-625. Signs or advertising on rocks, poles, etc., within limits of highway; 772
civil penalty. 773
Any person who in any manner (i) paints, prints, places, puts, or affixes any sign or 774
advertisement upon or to any rock, stone, tree, fence, stump, pole, mile-board, milestone, 775
danger-sign, guide-sign, guidepost, highway sign, historical marker, building, or other object 776
lawfully within the limits of any highway or (ii) erects, paints, prints, places, puts, or affixes any 777
sign or advertisement within the limits of any highway shall be assessed is subject to a civil 778
penalty of $100. Each occurrence shall be subject to a separate penalty. All civil penalties 779
collected under this section shall be paid into the Highway Maintenance and Operating Fund. 780
Signs or advertisements placed within the limits of the highway are hereby declared a public and 781
private nuisance and may be forthwith removed, obliterated, or abated by the Commissioner of 782
Highways or his representatives without notice. The Commissioner of Highways may collect the 783
cost of such removal, obliteration, or abatement from the person erecting, painting, printing, 784
placing, putting, affixing, or using such sign or advertisement. When no one is observed 785
erecting, painting, printing, placing, putting, or affixing such sign or advertisement, the person, 786
firm, or corporation being advertised shall be presumed to have placed the sign or advertisement 787
and shall be punished accordingly. Such presumption, however, shall be rebuttable by 788
competent evidence. In addition, the Commissioner of Highways or his representative may seek 789
to enjoin any recurring violator of this section. The Commissioner of Highways may enter into 790
agreements with any local governing body authorizing local law-enforcement agencies or other 791
local governmental entities to act as agents of the Commissioner of Highways for the purpose of 792
(i) enforcing the provisions of this section and (ii) collecting the penalties and costs provided for 793
in this section. 794
The provisions of this section shall not apply to signs or other outdoor advertising 795
regulated under other provisions of Chapter 7 (§ 33.1-351 et seq.) of this title chapter . 796
Drafting note: Technical changes. The last sentence of this section was added in SB 797
572 (1994) and does not make sense as it is written. 798
Title 33.2 Chapter 6 11/5/2012 11:07 AM Page 31 of 35
§ 33.1-375.1 33.2-628. Commissioner of Highways may enter into certain agreements; 799
civil penalties. 800
A. The Commissioner of Highways may enter into agreements with the local governing 801
body of Fairfax County authorizing local law-enforcement agencies or other local governmental 802
entities to act as agents of the Commissioner of Highways for the purpose of (i) enforcing the 803
provisions of § 33.1-373 33.2-XXX and (ii) collecting the civil penalties and costs provided for 804
in that section. However, no the local governing body of Fairfaix County shall not enter into any 805
such agreement until it has held a public hearing thereon. 806
B. Notwithstanding the provisions of § 33.1-373 33.2-XXX, the penalties and costs 807
collected under this section shall be paid to the affected locality Fairfax County. 808
C. Notwithstanding the foregoing provisions of this section subsections A and B, signs 809
and advertising promoting and/or or providing directions to a special event erected from 810
Saturday through the following Monday shall not be subject to an agreement provided for in 811
subsection A. 812
D. If a county Fairfax County acts as an agent of the Commissioner of Highways under 813
this section, the county then it shall require each of its employees and any volunteers who are 814
authorized to act on behalf of the county County to comply with the provisions of this section 815
and any other applicable law. If a lawfully placed sign is confiscated by an employee or 816
volunteer authorized to act for the county County in violation of the authority granted under this 817
section, the sign owner shall have the right to reclaim the sign within five business days of the 818
date of such confiscation. 819
Drafting note: References to a county are changed to Fairfax County to maintain 820
consistency with the first reference, because Fairfax is the only county to which this section 821
applies. Technical changes are also made, including replacing "and/or" with "or." 822
§ 33.1-374 33.2-626. Harmony of regulations. 823
No zoning board or commission or any other public officer or agency shall permit any 824
sign, advertisement, or advertising structure which that is prohibited under the provisions of this 825
Page 32 of 35 11/5/2012 11:07 AM Title 33.2 Chapter 6
article, nor shall the Commissioner of Highways permit any sign, advertisement, or advertising 826
structure which that is prohibited by any other public board, officer, or agency in the lawful 827
exercise of its or their powers. 828
Drafting note: Technical changes. 829
§ 33.1-375 33.2-627. Violation a nuisance; abatement. 830
Any sign, advertisement, or advertising structure which that is erected, used, maintained, 831
operated, posted, or displayed for which no permit has been obtained where such is required, or 832
after revocation or more than 30 days after expiration of a permit, is hereby declared to be a 833
public and private nuisance and may be forthwith removed, obliterated, or abated by the 834
Commissioner of Highways or his representatives. The Commissioner of Highways may collect 835
the cost of such removal, obliteration, or abatement from the person erecting, using, 836
maintaining, operating, posting, or displaying such sign, advertisement, or advertising structure. 837
Drafting note: Technical changes. 838
§ 33.1-376 33.2-629. Disposition of fees. 839
All moneys received by the Commissioner of Highways under the provisions of this 840
article shall be paid by him into the state treasury, except as provided in 33.2-xxx and 33.2-xxx 841
(existing 33.1-373 and 33.1-377.1), and allocated to the Commonwealth Transportation Board 842
for use in the regulation and control of outdoor advertising and landscaping of highways. 843
Drafting note: Technical changes. 844
§ 33.1-377. 845
Drafting note: Repealed by Acts 2012, cc. 760 and 818, cl. 2, effective April 18, 846
2012. 847
§ 33.1-377.1 33.2-630. Penalties for violation. 848
A. Notwithstanding any other provision of law, any person, firm, or corporation that 849
violates any provision of this article or applicable regulations that fails to take corrective action 850
within 30 days as specified in a written notice from the Commissioner of Highways shall be 851
subject to any or all of the following penalties: 852
Title 33.2 Chapter 6 11/5/2012 11:07 AM Page 33 of 35
1. A civil penalty of not more than $250 per violation. Each day during which the 853
violation continues after a final determination by the Commissioner of Highways of such 854
violation shall be deemed a separate violation; 855
2. Revocation by the Commissioner of Highways of any permit for the sign; or 856
3. Removal of the sign by the Commissioner or his designee of Highways. The 857
Commissioner of Highways may collect the costs of the removal from the owner of the sign. 858
B. Any person aggrieved by the action of the Commissioner of Highways in enforcing 859
the provisions of subsection A may appeal the decision of the Commissioner of Highways in 860
accordance with the Administrative Process Act (§ 2.2-4000 et seq.). 861
C. The Commissioner of Highways may remove signs without giving a corrective action 862
notice as provided in subsection A (i) for any violation of subdivision 3, 6, 7, 8, 9, or 10 of § 863
33.1-369 (3), (7), (8), (9), (10), or (11), 33.2-XXX or of § 33.1-372, 33.2-XXX or (ii) if the 864
Commissioner of Highways determines that the sign poses a risk to highway safety. 865
D. The Commissioner or his designee of Highways may recover all civil penalties 866
authorized in subsection A in any manner permitted by law, including (i) the placement of a tax 867
lien on the owner's real property upon which the sign is located and (ii) the use of the Setoff 868
Debt Collection Act (§ 58.1-520 et seq.). 869
E. All civil penalties collected under this section shall be paid into the Highway 870
Maintenance and Operating Fund. 871
Drafting note: Technical changes. 872
§ 33.1-378 33.2-631. Construction of article. 873
This article shall be liberally construed with a view to the effective accomplishment of 874
its purposes. 875
Drafting note: No change. 876
Article 2. 877
False and Misleading Signs. 878
§ 33.1-379 33.2-632. Prohibition of such false and misleading signs. 879
Page 34 of 35 11/5/2012 11:07 AM Title 33.2 Chapter 6
It shall be unlawful for any person to erect or maintain alongside, or in plain view of, 880
any public highway any false or misleading sign of any kind or character purporting to furnish 881
travel information relating to place or direction. It shall be unlawful for any person to erect or 882
maintain alongside, or in plain view of, any public highway any sign of any kind or character 883
purporting to furnish travel information relating to merchandise or services unless the design of 884
such sign, the information thereon, and the location thereof, be approved in writing by the 885
Commissioner of Highways;, provided, however, that the provisions of this section as to 886
merchandise and service shall not: 887
(1) 1. Apply to or restrict the right of any person to post, display, erect, or maintain on 888
any store, dwelling house, or other building, together with so much land therewith as shall be 889
necessary for the convenience, use, and enjoyment thereof, or on any mercantile appliances, 890
contrivances, or machinery annexed or immediately adjacent thereto, any sign advertising 891
goods, merchandise, real or personal property, real or personal, business services, entertainment, 892
or amusements actually and in good faith manufactured, produced, bought, sold, conducted, 893
furnished, or dealt in on the premises; 894
(2) 2. Limit or restrict the publication of official notices by or under the direction of any 895
public or court officer in the performance of his official or directed duties; 896
(3) 3. Limit or restrict notice of sale by a trustee under a deed of trust, deed of 897
assignment, or other similar instrument; or 898
(4) 4. Apply to or restrict the right of any property owner, or his agent, lessee, or tenant 899
to maintain any sign offering to the public farm products, including livestock of every kind, or 900
board or lodging or similar entertainment, or of the sale, rental, or lease of the property. 901
Nothing in this section shall limit the right of any person, firm, or corporation to erect 902
signs which that advertise natural scenic attractions in the Commonwealth. 903
Drafting note: Technical changes. 904
§ 33.1-380 33.2-633. Penalty for violation of preceding section; existing signs § 33.2-905
XXX. 906
Title 33.2 Chapter 6 11/5/2012 11:07 AM Page 35 of 35
Any person who shall violate violates any of the provisions of § 33.1-379 33.2-XXX 907
shall, upon conviction thereof, be punished by subject to a fine not to exceed ten dollars $10 for 908
each offense, and it shall be deemed a separate offense for the same person to erect, or permit to 909
be erected, a similar sign at each of two or more places; provided, however, as to any such sign 910
erected before June 19, 1936, if it be satisfactorily proven that the information thereon given is 911
correct, the person who erected the same, as well as the person who permitted the same to be 912
erected, shall not be deemed guilty of such violation. 913
Drafting note: Language regarding signs erected before June 19, 1936, is removed 914
as obsolete. 915
§ 33.1-381 33.2-634. Removal of such false or misleading signs by Commissioner of 916
Highways. 917
The Whenever the Commissioner of Highways, whenever he shall ascertain determines 918
that any such a sign gives incorrect information in violation of this article, he shall notify the 919
person who erected the same, such sign and the person on whose property it is located, in 920
writing, to remove it forthwith immediately, and if it be is not removed within ten 10 days after 921
receipt of such notice, the Commissioner of Highways shall remove and destroy the same such 922
sign, or cause it to be removed and destroyed, without liability for damages therefor;, and, if any 923
person convicted of erecting or maintaining any such sign, or of permitting the same to be 924
erected or maintained, as hereinabove provided, in this article shall fail or refuse to remove the 925
same such sign within ten 10 days after such judgment of conviction, the Commissioner of 926
Highways shall remove and destroy such sign, or cause the same to be removed and destroyed, 927
without liability for damages therefor. 928
Drafting note: Technical changes. 929